On September 29, 2023, the Swiss Parliament passed the Uniform Amendment Decree for a secure electricity
supply from renewable energies to strengthen the security of electricity
supply in winter.
This is known as the shell decree for short.
This paves the way for increased electricity production from solar, wind and
hydropower plants in Switzerland.
The construction of the facilities in question benefits from an acceleration of the approval process.
In addition, priority is to be given to nature and landscape conservation at certain locations
in all areas of electricity production in future.
The legislative package therefore leads to changes in several federal laws:
The Energy Act EnG, the Electricity Supply Act StromVG, the Spatial
Planning Act RPG and the Forest Act WaG.
As no political party wanted to launch a referendum, Pierre-Alain Bruchez, who has no political affiliation,
founded the Alliance for Nature and Landscape Switzerland
and launched a referendum against the electricity decree.
He is bothered by the fact that landscape protection is weakened in the case of electricity projects in the Alps.
Other organizations subsequently join the referendum:
The Swiss Free Landscape Association and the Fondation Franz Weber (FFW).
One of the criticisms is that fundamental principles of nature and landscape conservation, which
have been enshrined in the Federal Constitution by the Swiss electorate over the
decades, are being called into question.
For example, forests may now be cleared for the construction of wind turbines
or large wind and solar parks may be built in protected landscapes, even
if this would destroy valuable biotopes.
The accelerated approval procedures are also criticized.
Quote from the referendum form:
The right of appeal against individual installations still exists.
However, objections from private individuals and environmental organizations have little chance of success.
Even the protected areas in the federal inventory of the most valuable landscapes
and natural monuments can be sacrificed:
Protection, restoration, replacement or compensation measures may now be dispensed with.
The Federal Council can concentrate and shorten the approval procedures, thereby
potentially disempowering the municipalities and eliminating democratic rights.
In the opinion of Dr. Alain Griffel, Professor of Constitutional Law at the University of Zurich,
a general priority of the interest in the production of renewable energies over the interests
of nature conservation violates the Federal Constitution.
The shifting of these weightings already made in the constitution
is not a matter for parliament, but for the framers
of the constitution - i.e. the people and the cantons.
Parliament has included a list of 16 planned hydropower projects in the blanket decree.
Prof. Griffel
comments: "The federal government
has no such planning competence [...
] Here, the legislator anticipates decisions that require an assessment in
the context of a licensing procedure in which other federal laws are also applicable.
This means that it interferes with the responsibilities of the authorities
and courts applying the law on a case-by-case basis,
which is problematic in terms of the separation of powers.
Obviously, the Swiss parliament is once again under great pressure to pass laws that do
not comply with the constitution and restrict democratic rights.
The fear of an impending electricity shortage in winter is causing Parliament to act hastily.
This is inevitably reminiscent of the political events during the Covid crisis.
Swiss citizens who want to stop the unconstitutional actions
of parliamentarians can do
so by supporting the nature conservation referendum?
Destructive 'shell decree' NO.
In order for the referendum to be held and thus a referendum on the controversial law,
50,000 valid signatures must be collected by January 18, 2024.
The committee is asking for the signature forms to be returned by the end of 2023 if possible,
so that there is still enough time to have the signatures certified by the municipalities.
Further information and signature forms can be found under the link:
https://www.bnl-unp.ch